BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 606| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 606 Author: Levine (D) Amended: 8/17/15 in Senate Vote: 21 SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/29/15 AYES: Hall, Berryhill, Block, Gaines, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Runner, Vidak NO VOTE RECORDED: Galgiani SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/17/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: 76-0, 5/26/15 - See last page for vote SUBJECT: Water conservation SOURCE: Ms. Honda's fourth grade class, Manor Elementary, Fairfax, CA DIGEST: This bill requires state agencies to reduce water consumption and increase water efficiencies on state property when building on state-owned property, purchasing, or replacing landscaping or irrigation, as specified. This requirement only applies when feasible and cost effective, as determined by the state agency. ANALYSIS: Existing law: 1)Requires the Department of General Services (DGS) to provide AB 606 Page 2 planning, acquisition, construction, and maintenance of state buildings and property, and maintain a statewide property inventory of all real property held by the state. 2)Requires DGS, in consultation with the State Energy Resources Conservation and Development Commission, and with the concurrence of the Department of Finance, to identify each public building in DGS's state property inventory where it is feasible for that building to reduce energy consumption and achieve energy efficiencies, as specified, and make retrofits, as specified. 3)Provides that the California Department of Transportation (Caltrans) has full possession and control of all state highways and associated property. 4)Authorizes Caltrans to perform work required to alleviate or repair damage to property during declared emergencies, as specified. This bill: 1)Requires state agencies to reduce water consumption and increase water efficiencies on state property when building on state-owned property, purchasing, or replacing landscaping or irrigation, where feasible, through any or all of the following measures: a) Replacement of landscaping with drought-tolerant plants with an emphasis on native plant species. b) Replacement of irrigation timers to permit efficient watering schedules. c) Replacement of existing irrigation with drip irrigation, bubblers, or low precipitation spray nozzles, or a combination of these irrigation methods. d) Implementation of recycled water irrigation or rainwater capture irrigation or both. e) Installation of irrigation submeters. 2)Exempts state-owned real property that is leased to a private AB 606 Page 3 party for agricultural purposes. 3)Defines "feasible" to mean that the water efficiency measures may be accomplished in a cost-effective manner within a reasonable period of time, taking into account life-cycle cost analyses and technological factors, as determined by the state agency. Background Purpose of the bill. According to the author, "as we enter into our fourth year of drought, the U.S. Geological Services reports that California reservoirs were 57% below average levels as of September 2014. These conditions have led Californians to engage in creative measures to reduce water consumption across the spectrum. AB 606 will require state owned lands to reduce water consumption where feasible."` California's Response to the Drought. On January 17, 2014 the Governor of the State of California proclaimed a State of Emergency because of the prolonged California drought and asked all Californians to reduce water consumption by 20 percent. The proclamation directed local water suppliers to immediately implement local water shortage contingency plans. In addition, the proclamation directed the California Department of Water Resources and the State Water Resources Control Board (SWRCB) to accelerate funding for projects that could break ground in 2014 and enhance water supplies as well as ordering the SWRCB to consider modifying requirements for release of water from reservoirs or diversion limitations so that water may be conserved in reservoirs and maintain water supplies and improve water quality. On April 25, 2014, the Governor issued as executive order to speed up actions necessary to reduce the harmful effects of the drought and called on all Californians to double their efforts to conserve water. At the end of 2014 Governor Brown issued Executive Order B-28-12 to extend the operation of provisions of the previous executive order. On April 1, 2015 Governor Brown issued Executive Order B-29-15 and ordered the SWRCB to impose restrictions to achieve a 25 percent reduction in potable urban water usage through February 28, 2016; directed the California Department of Water Resources AB 606 Page 4 to lead a statewide initiative, in partnership with local agencies, to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes; and directed the California Energy Commission to implement a statewide appliance rebate program to provide monetary incentives for the replacement of inefficient household devices. Prior/Related Legislation SB 553 (Wolk, 2015) requires DGS to identify each public property in the department's state property inventory where it is feasible for water consumption to be reduced and water efficiencies to be achieved through implementation of the relevant recommendations made in the model water efficient landscape ordinance and would require DGS to implement relevant recommendations where feasible, except as specified. (Held in Senate Appropriations Committee) SB 552 (Wolk, 2015) requires the SWRCB to report to the Legislature on recommendations for solutions to the managerial, technical and maintenance fund hurdle that small, disadvantaged communities face in building and maintaining water treatment facilities and thereby obtaining funding to do so. (Pending in Assembly Environmental Safety and Toxic Materials Committee) FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, state agencies are not likely to incur significant costs to incorporate water-water saving measures in the course of construction on state property or replacing landscaping or irrigation. The bill provides sufficient flexibility to state departments to make efficiency improvement only when feasible and cost-effective. The bill could also result in unknown future savings related to reduced water consumption on state properties. SUPPORT: (Verified8/18/15) Ms. Honda's fourth grade class, Manor Elementary, Fairfax, CA (source) Association of California Water Agencies AB 606 Page 5 California Landscape Contractors Association California Municipal Utilities Association California Native Plant Society City of Sacramento East Valley Water District Irvine Ranch Water District Regional Water Authority San Diego County Water Authority Sierra Club California Sonoma County Water Agency Southern California Water Committee The Metropolitan Water District of Southern California Water Reuse California OPPOSITION: (Verified8/18/15) None received ARGUMENTS IN SUPPORT: Ms. Honda, 4th grade teacher at Manor Elementary School in Fairfax, California, writes in support of the bill stating that her students helped to inspire and write AB 606. She argues that the bill focuses on using water efficient irrigation methods and replacing landscaping with drought tolerant plants with an emphasis on native plant species. Ms. Honda argues that, "this would help our birds and bees and other wildlife by creating pockets of habitat for them." According to the San Diego Water Authority, "given that landscape irrigation represents approximately 43 percent of urban water use, according to the Department of Water Resources, and that California is prone to cycles of drought and water shortage, such as the prolonged multi-year drought the state is presently experiencing, AB 606 would ensure the state take an important leadership role in implementing water efficient landscape practices." ASSEMBLY FLOOR: 76-0, 5/26/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, AB 606 Page 6 Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis Prepared by:Felipe Lopez / G.O. / (916) 651-1530 8/19/15 20:56:31 **** END ****